Fowler v. Poling
New York Supreme Court
In Equity. This suit was brought to foreclose a mortgage executed by the defendant, Charles Poling, to the testatrix, dated the 2d day of October, A. D. 1822. The bill was taken as confessed against all of the defendants, except St. Felix.
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In Equity. This suit was brought to foreclose a mortgage executed by the defendant, Charles Poling, to the testatrix, dated the 2d day of October, A. D. 1822. The bill was taken as confessed against all of the defendants, except St. Felix. From his answer, and the proofs taken in the cause, it appeared that the premises embraced in the mortgage, together with other lands not embraced therein, were on the 9th day of March, 1809, conveyed by the testatrix to one Samuel Bouton, with full covenants of seisin and warranty. That upon such sale Bouton executed to the testatrix his bond and mortgage…
1Opinion of the CourtEdwards, J.
The view that I have taken of this case renders it unnecessary for me to consider the effect of the sale in the foreclosure shit, upon the covenants contained in the deed from Mrs. Ellsworth to Bouton. For the purposes of this suit, I shall consider the defendant St. Felix as standing in the same position, and as possessing the same rights, as he would have done if he had been the client and immediate grantee of Bouton; and I have no doubt that the law requires me to do so;
*303The defendant St. Felix claims to be entitled to a set-off) founded upon an agreement, alleged to have been made between…
2Cases cited4 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Greenby v. WilcocksNew York Supreme Court · 1806
3Cited by7 opinions
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Rea v. MinklerNew York Supreme Court · 1871
- Denman v. PrinceNew York Supreme Court · 1862
- Wead v. LarkinIllinois Supreme Court · 1870
- McCusker v. McEveySupreme Court of Rhode Island · 1874
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